Section 197D: Wasted costs order

197D. Wasted costs order (1) The Magistrate, Master, Judge in Chambers or Court, as the case may be, may, at any stage of any civil proceedings, on an application by a party who has incurred wasted costs, order the legal representative of a party to meet personally the whole or part of those costs as specified in the Fifth Schedule. (2) In this section— (a) “wasted costs” means any costs incurred by a party— (i) as a result of any improper, unreasonable or negligent act or omission on the part of any legal representative or employee of the representative; or (ii) which, in the light of any act or omission occurring after the costs were incurred, the Court considers it unreasonable to expect that party to pay. (3) Before making a wasted costs order, the Magistrate, Master, Judge in Chambers or Court, as the case may be, shall give the legal representative a reasonable opportunity to show cause why he or it should not make a wasted costs order and may make such enquiry as he or it thinks fit. (4) Where the Magistrate, Master, Judge in Chambers or Court makes a wasted costs order, he or it shall specify the amount to be paid in accordance with the costs as specified in the Fifth Schedule. (5) The Magistrate, Master, Judge in Chambers or Court may direct that notice shall be given to the legal representative’s client, in such manner as he or it may direct— (a) of any proceedings under this section; (b) of any order made by him or it against his legal representative. (6) Any person against whom a wasted costs order has been made may appeal, within 21 days of the order, to the Court exercising jurisdiction in respect of the appeals from the Court which made the order. [S. 197D inserted by s. 2 (d) of Act 15 of 2000 w.e.f. 30 June 2000.]